Multi Choice Questions

Question 1

What to consider for a charge of murder is whether the offender intended to?

Answer 1

· Kill the person or

· Cause bodily injury that the offender knew was likely to cause death.

Question 2

What is timeframe in which the defence must give written notice to the prosecutor if they wish to adduce an alibi?

Answer 2

Within 10 working days

Question 3

Discuss automatism as a result of ingesting alcohol and drugs?

Answer 3

Where automatism is brought about by a voluntary intake of alcohol or drugs the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.

Decisions of the courts indicate that cogent (convincing) evidence is necessary to support it, and only in very rare cases will it be enough for a person to say that they did not know or cannot remember what happened, or that they had a blackout.

Automatism as a result of alcohol/drug consumption cannot be a defence in strict liability offences (e.g. EBA).

Question 4

What acts are justified under s20?

Answer 4

Under s20 of Crimes Act 1961 all the common law defenses are retained, so long as they are not inconsistent with the Crimes Act 1961 or any other enactment.

Question 5

What is the definition of “disease of the mind”?

Answer 5

1. No precise or comprehensive definition
2. A term that defies precise definition and which can comprehend mental derangement in the widest sense.
3. Whether or not there is damage to the brain or other physical organs
4. Law is concerned with the mind - the mental faculties of reason, memory and understanding.
5. Can be permanent or temporary, short or long duration, curable or incurable

Question 6

Who can be charged under Section 52 - Duty of parent or guardian to provide necessaries and protect from injury?

Answer 6

(1) a parent, or is a person in place of a parent

(2) who has actual care or charge of a child under the age of 18 years

(3) is under a legal duty—

(a) to provide that child with necessaries; and

(b) to take reasonable steps to protect that child from injury.

Question 7

What is Killing a child under s159?

Answer 7

(1) A child becomes a human being within the meaning of this Act when it has completely proceeded in a LIVING state from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not and whether the navel string is severed or not.

(2) The killing of such a child is homicide if it dies in consequence of injuries received before during or after birth.

Question 8

What is culpable homicide under s160?

Answer 8

(1) Homicide may be either culpable or not culpable.

(2) Homicide is culpable when it consists in the killing of any person—

(a) by an unlawful act;
or
(b) by an omission without lawful excuse to perform or observe any legal duty;
or
(c) by both combined;
or
(d) by causing that person by threats or fear of violence, or by deception, to do an act which causes his or her death;
or
(e) by wilfully frightening a child under the age of 16 years or a sick person.

(3) Except as provided in section 178, culpable homicide is either murder or manslaughter.

(4) Homicide that is not culpable is not an offence.

Question 9

Examples of culpable homicide due to unlawful acts? (List 4)

Answer 9

1. Arson
2. Giving a child an excessive amount of alcohol
3. Supplying heorin to a person who dies from overdose
4. Throwing a cinder block of motorway bridge
5. Placing hot cinders and straw on a drunk person to frighten them.
6. Conducting an illegal abortion.

Question 10

Examples of legal duties?

Answer 10

1. Provide necessaries and protect from injury
2. Provide necessaries and protect from injury to your charges when you are a parent or guardian.
3. Provide necessaries as an employer
4. Use reasonable knowledge and skills when performing dangerous acts
5. Take precaution when in charge of dangerous things
6. Avoid omissions that will endanger life

Question 11

Define willfully frightening?

Answer 11

• Willfully frightening is regarded as intending to frighten or at least be reckless as to this

Question 12

What is killing by influence on the mind under s163?

Answer 12

1. No one is criminally responsible for the killing of another by any influence on the mind alone,
2. except by wilfully frightening a child under the age of 16 years or a sick person,
3. nor for the killing of another by any disorder or disease arising from such influence,
4. except by wilfully frightening any such child as aforesaid or a sick person.

Question 13

What about death from lawful games or contest?

Answer 13

In cases of lawful contest and games (e.g. boxing, wrestling) the death of a participant from injuries received during the game or contest is normally treated as non-culpable homicide.

However, if a contestant causes death of another by an act that is likely to cause serious injury, they will be guilty of manslaughter.

Question 14

What is meant by the term “justified?” Exception of justification (non-culpable homicide).

Provide two examples:

Answer 14

1. Self defence
2. Prevent suicide
3. Prevent commission of an offence likely to cause immediate and serious injury to the person or property of anyone.

Question 15

Define Alibi?

Answer 15

“An alibi is the plea in a criminal charge of having been elsewhere at the material time: the fact of being elsewhere”

Question 16

What particulars must the defence provide in relation to an alibi?

Answer 16

1. Witness’s name
2. Address
3. Any information that might provide material assistance in finding that witness.

Question 17

What is the referral process for a child under 14 years?

Answer 17

All child offenders will be referred to the Care and Protection Co-ordinator until they reach the age of 14 years.

Question 18

What is the burden of proof for insanity?

Answer 18

· The accused is not required to prove the defence of insanity beyond reasonable doubt

· but to the satisfaction of the jury on the balance of probabilities.

Question 19

Procedure when alibi witnesses are interviewed?

Answer 19

The O/C case should not interview an alibi witness unless the prosecutor requests them to do so.

If an interview is requested, follow this procedure.

· Step 1. Advise the defence counsel of the proposed interview and give them a reasonable opportunity to be present.

· Step 2. If the defendant is not represented, endeavour to ensure the witness is interviewed in the presence of a independent person not being a member of the Police.

· Step 3. Make a copy of a witness’s signed statement taken at any such interview available to defence counsel through the prosecutor. Any information that reflects on the credibility of the alibi witness can be withheld under S16(1)(o).

Question 20

As a general guideline, most offences within the CA 1961 will require an intent (Mens rea) of some kind.

Outline a defence that would therefore be generally available:

Answer 20

The defence of intoxication available to the defence to establish that the defendant did not have the required intent to carry out the offence.

Intoxication:

· Causes a disease of the mind.
· Whole intent is an essential element, and the drunkenness is such that the defence can plead a lack of intent to commit the offence.
· Intoxication causes a state of automatism.